[HISTORY: Adopted by the Common Council of the City of Ithaca as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-5-2006 by Ord. No. 2006-07]
For the purpose of this article, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
- AUTOMATIC PARKING CARD
- A card produced by a mechanical device generated with a time stamp to record when the parking time for a parking facility patron has commenced.
- PARKING FACILITY
- A City-designated structure or area where fees are levied for parking.
- A person who enters a parking facility in a car.
- PROXIMITY CARD
- A card issued by the proper parking authority to give the recipient a permit to park in a parking facility.
No person shall intentionally fail to pay for parking charges incurred in a parking facility.
Except as provided in this article, any person who fails to pay for parking charges incurred in a parking facility shall be presumed to have done so intentionally.
Obtaining a second or subsequent automatic parking card prior to paying for parking is presumed to have been done with an intention to avoid paying for all or some of the parking charges incurred.
Use of a proximity card by someone other than the authorized user is presumed to have been done so that the nonauthorized user can avoid paying parking charges.
Using or permitting the use of a proximity card in a manner not authorized is presumed to have been done so to intentionally avoid the paying for parking.
It shall be an affirmative defense to any violation of this article that:
There was either an equipment failure or absence of personnel that prevented the patron from paying upon his/her exit;
That the patron inadvertently entered the parking facility with insufficient funds to pay for the parking and makes restitution at the City Chamberlain's office within two business days.
The patron was ready, willing and able to pay, but was unable to do so due to any circumstances beyond the patron's control or some extraordinary circumstance.
The violation of any provision of this article shall be punishable by a fine of $50; provided, however, that a person who violates this article after having been convicted of a violation of this article within the preceding three years shall be punishable by a fine of $100; and further provided that, upon application by the City, a person who violates this article after having been convicted of a violation of this article twice within the preceding three years shall be punishable by a fine of $250.